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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can. .Is your divorce currently pending?
What happened to the house that you bought together?
As far as claiming your daughter on your taxes, a court is unlikely to reopen a divorce case for that - b/c that COULD HAVE been addressed 5 years ago.
The reason I ask about the house is b/c if nothing at all was addressed about it you can petition the court to make a decision re: disposition of the house.
Basically, what I'm trying to say is that if something failed to be addressed entirely it's something the court may reopen - but things that could have been decided DIFFERENTLY (like the claim for taxes) are unlikely to be allowed a second bite at the apple (even if the first bite wasn't actually taken). Does that make sense? Of course if you're going to petition the court on the house you can always ASK them to review your arguments re: taxes... since you're filing anyway - but I want you to be prepared for their likely decision. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.
I don't know off the top of my head, to be honest, but I do know that it's MUCH less than 5 years. I'm sorry - plz don't shoot the messenger.
The thing about the house is it was NEVER ADDRESSED - so you wouldn't be appealing a decision...
So you'd essentially be asking the court to address something that was never addressed in the first place... sort of like asking the court for guidance in light of the fact that the parties forgot to include this asset.
You can disregard the phone call request.. that comes automatically from the site :)
Claiming your daughter on your taxes is unlikely to succeed (though certainly not impossible) and that's because it was something that was decided years ago and could have been appealed immediately. After 5 years the court is unlikely to permit a "do-over" to reargue something that could have been argued back then. I hope that makes sense :-) Please let me know if you have any additional questions and I'll be happy to answer them!
I understand :) If you're filing a motion to address the house you certainly can throw additional things in and see if the court would be open to re-evaluating. It's unlikely but it's possible.